A person or persons may apply to the Queensland Industrial Relations Commission (QIRC) for a work-related exemption, or to the Queensland Civil and Administrative Tribunal (QCAT) for all other exemptions.
The tribunal may grant a temporary exemption, under section 113 of the Anti-Discrimination Act 1991 (Qld), from the operation of a specified provision of the Act to allow conduct that might otherwise be discriminatory. For example: restricting accommodation to single people, or recruiting for women or men only.
A person applying for an exemption must show that the conduct is likely to contravene the Anti-Discrimination Act 1991 and is not covered by the specific or general exemptions in the Act.
Fixed period exemptions
Exemptions may be granted for a fixed period of up to five years, as determined by the tribunal, on a case by case basis. An exemption may be renewed for further periods of up to five years on application by the person or people to whom, or in respect of whom, the exemption was granted.
Exemption precludes complaint
An exemption granted by the tribunal applies to a specific set of circumstances, and for a specified length of time. If an exemption is granted by the tribunal, the Anti-Discrimination Commission Queensland cannot accept a complaint of discrimination about the subject of the exemption.
Exemption application decisions
Access the table of exemption application decisions. This is a table of decisions of the QCAT and the QIRC on applications for exemption from the Anti-Discrimination Act 1991, and gives brief details of the exemptions granted, or the reasons for refusing an application.
How to apply for a Tribunal exemption — fact sheet
This fact sheet explains how to apply for an exemption to the relevant tribunal, and the matters considered in deciding an application.
Application forms are available on the tribunals' websites.